The man spent 9.45 million to buy a hardcover room, saying that formaldehyde and other exceptions were over -the -standard. Lujiazui Group: Humanitarian compensation 5,000 yuan

Author:Jinan Times Time:2022.08.01

It costs nearly 10 million to buy a hardcover room. After receiving the house, not only troubles everywhere, but also cause illness due to the excess of formaldehyde? Recently, Mr. He, a software engineer in Shandong, exposed his experience of buying a house on the Internet. According to Mr. He, in 2016, he and his wife spent 9.45 million to buy a hardcover room in the Pudong New District Pudong New District Pudong New District. After handing over the house, 52 decoration problems were discovered. Four months after handing over the house, during the renovation period, because he lived in a new house as a supervisor. After a few days of living, he had symptoms of nose bleeding and sore throat. After being diagnosed with rhinitis, laryngitis and other diseases. Because the decoration materials in the house were not environmentally friendly, Mr. He found a professional institution for testing, showing that the secondary formaldehyde exceeded the standard, and the master bedroom, secondary bedroom, and living room TVOC (general volatile organic compound) exceeded the standard.

In this regard, developer Shanghai Lujiazui (Group) Co., Ltd. (hereinafter referred to as "Lujiazui Group") believes that Mr. He's physical condition and evidence materials cannot judge formaldehyde poisoning, and the company also conducted air testing of the house. There is no formaldehyde. The harmful gases exceeded the standard, and Mr. He lived during the maintenance of the house, even caused by his own fault even if he was sick. For humanitarian care, Lujiazui Group paid 5,000 yuan in compensation for the decoration unit.

The house found 52 questions, and suddenly "nosebleeds" after check -in

Mr. He is from Zibo, Shandong. After graduating in 2007, he came to Shanghai alone to work hard and became an IT software engineer. In 2016, Mr. He and the newlywed wife, Ms. Zhang, considered buying a wedding room, and finally selected a new real estate launched by the Jinxiu Road in Pudong New District. "The real estate name is Wutong Apartment. At that time, it was very hot, because the wife was pregnant at the time. We bought a hardcover house directly for saving trouble. The real estate certificate only wrote the name of the wife." They signed a pre -sale contract with Lujiazui Group and spent 9.45 million to buy a 132 -square -meter hardcover room. According to the propaganda of the developer at the time, the decoration was all used in high -level environmental protection materials, and the decoration cost was as high as 4,000 yuan/square meter. However, when Mr. He signed a contract with Lujiazui Group, it was found that the contract showed that "the interior area of the apartment is rough and the decoration project is 0 yuan." The rough is sold, but the actual decoration will not be discounted. "

At the end of December 2017, Mr. He and his wife finally looked forward to the official delivery. He moved into a new house in early January 2018. When Mr. He and his wife first moved into a new house, he felt good as a whole, but he found many problems when he checked it carefully. "The toilet is almost installed on the wall, and the gap on the right is only 8 cm, and even squats cannot squat; many marbles are broken and cracking, the walls are painted, the wallpaper is raised, the floor has no sound, the wall tiles are empty, and the washing machines are empty, and the washing machine, and the washing machine. The room has no sockets, the children's room socket is not powered on, etc. "After careful inspection, Mr. He found a total of 52 decoration defects, recorded it with A4 paper, and took photos and archives one by one.

Mr. He then found the property and developers to report the situation. It was not until early March 2018 that the developer assigned decoration staff to repair the house. In order to ensure the quality of the renovation, Mr. He decided to live in a new house as a supervisor. "At that time, there was always a smell in the house, but I had been considering it for four months. There should be no problem, so I lived alone." Symptoms of bleeding and sore throat. On February 7, 2018, Mr. He went to the hospital for medical treatment and was diagnosed with an upper respiratory infection. At that time, the doctor said that the disease or toxic gas such as formaldehyde was related to toxic gases.后来，何先生陆续感觉身体有多种不适，包括鼻出血、喉咙干、咳嗽、气短、呼吸困难、脱发、全身多关节疼痛、肿胀等，前往多家医院就医后，先后被诊断为：鼻炎、 Pharyngitis, bronchitis, abnormal liver merit, external hemorrhoids, gallbladder stones, gastritis accompaniment, gastrointestinal dysfunction, hair loss, and multiple joints of joints.

The detection shows that the formaldehyde exceeds the standard, and the developer claims that the report is inaccurate

"I have participated in the medical examination many times before, and I did not diagnose these diseases. I suspect that the decoration materials in the house are not environmentally friendly and reflect the situation to the developer. One person in charge said that if there is a problem, I can let me test it first." 2018 On April 28, Mr. He spent 2760 yuan. In the case of the person in charge of the decoration company, the Shanghai Measurement Testing Technology Research Institute of the professional environmental impact assessment agency was commissioned to test the air quality of the house. According to the test report: According to the GB/T18883-2002 "Indoor Air Quality Standard", the detection value of the formaldehyde (unit standard value is ≤0.10mg/m³) is the master bedroom 0.10mg/m³, and the second bedroom 0.18mg/m³, and the second bedroom 0.18mg/m³. The living room is 0.10mg/m.; the detection value of total volatile organic compounds (tvoC) (unit standard value is ≤0.60mg/m³) is 1.00mg/m³, 1.81mg/m³, and 0.92mg/m³ in the living room. After testing, the secondary formaldehyde exceeds the standard, and the hierarchy, the second bedroom, and the living room TVOC exceed the standard. However, Lujiazui Group did not recognize this test report. Lujiazui Group responded that when Mr. He was unilaterally tested, he closed the house for many days without meeting the testing conditions. The personnel of the decoration company had objected on the spot. Entrusted by Lujiazui Company, Lanxin Environmental Monitoring Technology (Shanghai) Co., Ltd. also issued an indoor air test report on April 25, 2018. The test report is based on GB50325-2010 (2013 version) "Code for Environmental Pollution Control of Interior Environmental Pollution of Civil Construction Engineering", GB/T18204.2-2014 "Part 2: Chemical Pollutant", " The value of ≤0.08mg/m) The detection value is the master bedroom 0.048mg/m³, the second bedroom 0.045mg/m³, and the living room 0.067mg/m³; ) The detection value is 0.20mg/m³, 0.20 mg/m³, and 0.21mg/m³ in the living room. The commissioner of the test report is "Yuan Gong", and the test date is April 20-25, 2018. After testing, all values meet the standards.

Mr. He also expressed his objection to the test report of Lujiazui Group. "I first presented my report to the developer. They refused to accept it. I asked to do it together. A report, I did not notify me before the test. The commissioner was neither a company nor a real person, nor did it explain that it was tested on the day. I suspect that the report was fraudulent. "

After the court was prosecuted, it was rejected and received a compensation of 5,000 yuan

In desperation, Mr. He sued the Pudong New District People's Court in response to the formaldehyde of House of House and TVOC. The court filed a case on October 10, 2018, and the trial was held on November 15. The later case was converted to ordinary procedures. On February 28, 2019, and October 31, 2019, a public trial was held. Lujiazui Group argued in court that from the plaintiff (Mr. He )'s physical condition and evidence materials, the plaintiff was not determined by the formaldehyde poisoning. Some of the diseases complained that some diseases said that the formaldehyde was exceeded. Relations need to be obtained through identification. Even if the plaintiff had a disease, it had nothing to do with the defendant. Because the plaintiff had follow -up decoration behavior of the house and the plaintiff lived in the house repair period, even if the plaintiff was sick, it was caused by its own fault. In order to resolve disputes, the house decoration construction unit is based on humanitarian care and hopes to compensate the plaintiff 5,000 yuan with its own funds. The amount is paid by the defendant in this case.

Because the two parties held their own words, Mr. He applied to the court for judicial appraisal. In April 2019, according to Mr. He's application, the court commissioned the Institute of Judicial Appraisal Science to identify the causal relationship between Mr. He's disease and the excessive air quality in the house. In July 2019, the Institute of Judicial Appraisal Science issued a letter of retirement to the court, saying that the entrustment items had exceeded the technical conditions and appraisal capabilities of the institute, so they were treated for retirement. The court also commissioned the Judicial Appraisal Center of the Shanghai Medical College of Fudan University for the appraisal of the above application appraisal. They issued a notification notice for the same reason.

In the end, the court held that regarding whether there was an exceptional situation in the air quality of the house, the original and the defendants submitted the test report issued by the inspection agencies entrusted by their respective unilateral commission. Because the above two reports were entrusted by the original and the defendant, the original and the defendant did not recognize the test report submitted by the other party. Therefore, the court cannot confirm the content of the two test reports mentioned above. The acceptance time of this case was October 2018, and it was 10 months before the defendant was handed over. It was almost half a year before the plaintiff's unilateral commissioned inspection in April 2018. Whether the air quality of the house at the time of the unilateral commissioned test exceeds the standard. In view of this, the plaintiff did not prove that the house had exceeded the air quality. In addition, the plaintiff advocated that the diseases they suffered were caused by the exceptional air quality of the house, but there was no evidence to proof. In summary, the court rejected the plaintiff's claim, but agreed that the defendant would voluntarily pay 5,000 yuan to the plaintiff.

Mr. He did not accept the verdict and appealed to the Shanghai First Intermediate People's Court and the Shanghai High People's Court, but was rejected. Similar cases are different, and the two test standards have become the focus of controversy

"This result makes me unacceptable." Mr. He told Xinhuanghe reporters that because of the excellent poisoning such as formaldehyde, it caused great damage to the body, leaving a variety of sequelae, and after more than five years of treatment, it has not improved. He has complained to multiple departments. In October 2021, after reporting with the Sixth Director of the Central Committee, the case was transferred to the Pudong Court Education and Rectification Office, but the results have not yet been dealt with. In addition, Mr. He also reflected the "yin and yang contract" problem displayed in the contract "Rough, 0 yuan decoration". The Housing Management Bureau responded: "The completion of the house is rough, and the hardcover commission the decoration commission agreement signed by the developer and the citizen. The decoration procedures have not been reported to the supervision and are not in the scope of the Housing Management Bureau." At the end of July, the reporter of the new Yellow River called Lujiazui Group to ask about the matter. A staff member said that the incident needed to contact Gong Gong, the relevant person in charge of the city. The reporter called Gong, and the other party refused to be interviewed to respond to the incident.

New Yellow River reporter found that in recent years, there have been many cases of "formaldehyde houses" disputes, but the judgment results are very different. Among them, a key issue is whether the test report made by the victim will be adopted by the court. In Mr. He's case, the Lujiazui Group argued that the test report provided by Mr. He was GB/T18883-2002 "Indoor Air Quality Standard", which was released by the Ministry of Health at that time. There are no mandatory requirements. The testing method requires the test after the doors and windows are closed for 12 hours; the test report of Lujiazui Group is based on GB50325-2010 (2013 version) "Code for Environmental Pollution Control of the Interior of Civil Construction Engineering". This is promulgated by the Ministry of Housing and Construction. The specified detection method requires the test after the doors and windows are closed for an hour. The effective levels and testing methods of the above two test reports are different. According to the standards of mandatory standards, the standards of the Ministry of Housing and Construction, the air quality of the house is qualified, and there is no harmful gas such as formaldehyde. Therefore, there are no faults. In the end, the People's Court of Pudong New District did not recognize the test report issued by Mr. He.

However, in Tianjin's "formaldehyde house" dispute case, Ms. Yue encountered a similar experience like Mr. He, but finally won a lawsuit. Ms. Yue also purchased a hardcover room, suspected that the environmental protection was unqualified after delivery, so the commissioned professional testing agency issued a test report in accordance with the 18883 standard. As a result, the formaldehyde was confirmed that the formaldehyde exceeded the standard. However, developers also issued a test report based on the 50325 standard, showing that it meets the delivery standard. The first trial and the court of second instance believed that the two parties did not agree on the air quality standards that the house should reach during the house delivery contract. Therefore, the 18883 standards claimed by developers should not be applied to the insufficient basis for the quality testing of the house involved. The test report provided by Ms. Yue can confirm that the formaldehyde has exceeded the standard in the indoor air monitoring. It does not meet the conditions for the delivery of commercial housing agreed by the two parties.

"For the new renovation place, the state introduced these two standards related to air quality. Among them, the detection methods, steps, conditions, and indicator values are different. The 50325 standard requires that only the doors and windows are closed for 1 hour for detection. After closing the doors and windows for 12 hours. In summary, the 18883 standard is obviously more suitable for the minimum standard of human environmental health, while the 50325 standard is the control specification of the environmental pollutants of the construction engineering. The 18883 standard is likely to not meet the standards, and it does not meet the minimum standard of the health of the health. However, due to the different detection conditions, the houses that are delivered in accordance with the 50325 standards are specified. The contradictions, there are various cases of disputes, and the event owner's failure is not uncommon. "Fu Jian, Henan Yulong Law Firm, said that from the perspective of the indoor formaldehyde pollution pollution of indoor formaldehyde in recent years, at present, a considerable part of the air of the houses of the houses The quality is difficult to make people trust. For the individual's life and health considerations, the current law formulation must keep up with the people's demands in terms of administrative administration. It is necessary to further improve laws and regulations, strengthen indoor pollutants monitoring, and further clarify the criteria for punishment to avoid causing blind spots in supervision.